Income Group | Low income |
Economy Score |
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Question | PPPs |
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Does the regulatory framework allow procuring PPPs? | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | Our analysis is based on the regulatory framework for PPP in Nepal, made of the following texts: (i) Public Private Par... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | http://ppmo.gov.np/acts_and_regulations; http://ibn.gov.np/legislation |
Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | Yes |
Please describe: | The Government of Nepal has enacted Public Private Partnership Policy 2072 (2015) |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | Yes |
Please describe: | The new Private Financing in Build and Operate of Infrastructures Act is being drafted. |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Transportation. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Water and Irrigation | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Energy generation and distribution. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Telecom | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Other | Yes |
If yes, specify and provide the relevant legal/regulatory provisions: | Although there are no explicit restrictions, Article 11.3(2) the PPP Policy specifies sectors in which the PPPs can be p... More |
Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | Yes |
If yes, please specify and provide the relevant legal/regulatory provision (if any): | Pursuant Article 13.8 of the PPP Policy, Government of Nepal may exempt or waive taxes if deemed necessary to do so cons... More |
Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | The PPP Policy does not specify which government bodies may act as public entities in a PPP project. According to sect... More |
In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | Yes |
If yes, please indicate its name, and its website (if available): | (1) According to most of our contributors (both in 2016 and 2017), Public Procurement Monitoring Office and Investment B... More |
If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | Yes |
PPP capacity building for other public authorities. | Yes |
PPP promotion among the public and/or private sectors in national and international forums. | Yes |
Technical support in implementing PPP projects. | Yes |
Identification and selection of PPP projects from the pipeline. | No |
Revision of fiscal risks born by the Government. | No |
Consultation with affected communities on potential impact of PPP projects. | No |
Approval of PPP projects. | No |
Undertaking the procurement of PPPs. | No |
Oversight of PPP implementation. | Yes |
Other | No |
please specify: | n/a |
Please provide the relevant legal/regulatory provisions: | Pursuant to Section 7 of Investment Board Act, 2068 (2010), the major responsibilities of the office of the PPMOIB are: ... More |
Question | PPPs |
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Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 11.4(6) of PPP Policy, Project Implementing Agencies (aka 'PIAs') shall furnish details of the ident... More |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 13.1(1) of PPP Policy "Budgetary Provisions", for the national level projects, PIA shall propose the... More |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If yes to question 8.2, which of the following alternatives best describes the regulation?: Accounting and reporting according to International Public Sector Accounting Standards (IPSAS). | n/a |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | n/a |
Please specify: | n/a |
Other. | n/a |
Please specify: | n/a |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet Committee, Parliament, Supreme Audit Office, et | Yes |
If yes, please specify the relevant authority | The Council of Ministers, Ministrial Development Action Committee, Infrastructure Service Fee Review Board |
and provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before signing the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the procuring authority use transaction advisors during the PPP project cycle? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to Section 8 of Investment Board Act, 2068 (2010), (1) The Board may with the approval of the Board, constitut... More |
In a case comparable to the case study assumptions, please select the option that best describes the way your government integrates the prioritization of PPP projects with other public investment project prioritization? (e.g. in the context of a national | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework prescribes the need for PPPs to be consistent with all other investment priorities without establishing a specific procedure to achieve that goal. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 13.1(1) of PPP Policy "Budgetary Provisions", for the national level projects, PIA shall propose the... More |
The regulatory framework does not include any provisions but the procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. | No |
If yes, please elaborate: | n/a |
The procuring authority does not evaluate PPPs against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Based on your experience, is it always the case that this prioritization is done in practice in accordance with the provisions of the regulatory framework described above? | Yes |
If yes, please specify: | The majority of PPP projects are procured according to identified priorities for national development and existing guide... More |
If no, please elaborate: | n/a |
Which of the following assessments are conducted when identifying and preparing a PPP in order to inform the decision to proceed with it? (check all that apply): Socio-economic analysis (cost-benefit analysis of the socio-economic impact of the PPP projec | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to Article 11.3 of the PPP Policy, the selection criteria for PPP projects are project cost, implementation per... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | PPP projects which are identified to benefit to the Nepalese economy are selected. |
Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Our contributor confirms that the assessment is done in practice. |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | No |
Details: | Risks are in practice not identified and allocated for all PPP projects. |
Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives (i.e. value for money analysis, public sector comparator) | No |
Relevant legal/regulatory provision (if any) | n/a |
Is there a specific methodology for the assessment? | n/a |
If yes, please elaborate | n/a |
Is the assessment done in practice? | n/a |
Details: | A comparative assessment of procuring options is not always undertaken. |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | Section 10 (2) of Investment Board Act 2010 has embodied the provision that the Executive Chief shall initiate the proce... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | No |
Details: | Financial viability is not in practice assessed for all PPP projects. |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to Article 11.3 of the PPP Policy, the government shall conduct a feasibility study of a PPP project including ... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | No |
Details: | Market interest is not in practice always assessed for PPP projects. |
Environmental impact assessment | No |
Relevant legal/regulatory provision (if any) | n/a |
Is there a specific methodology for the assessment? | n/a |
If yes, please elaborate | n/a |
Is the assessment done in practice? | n/a |
Details: | n/a |
Consultation process with affected communities on potential impact of the PPP project | No |
Relevant legal/regulatory provision (if any) | n/a |
Is there a specific methodology for the assessment? | n/a |
If yes, please elaborate | n/a |
Is the assessment done in practice? | n/a |
Details: | n/a |
Does the procuring authority include the assessments (indicated in Question 12 above) in the request for proposals and/or tender documents (for example, as part of an Information Memorandum to the bidders)? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a |
Are the assessments published online? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
specify the website | n/a |
please specify which of the assessments are published online: | n/a |
Does the procuring authority include a draft PPP contract in the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 45 of the PPR indicates the Documents to be included in tender documents, including (e) Terms and format of proc... More |
If no, please elaborate | n/a |
Are the tender documents published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Rule 10 (2) of Investment Board Rules, 2011, tender documents are published on the website of the Office of ... More |
and please specify the website: | website of the Office of the Investment Board and other websites of concerned Government entities |
In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | Yes |
If yes, please specify and provide a government- supported website where the mentioned standards are available or provide an electronic copy of them: | Standard bid documents http://ppmo.gov.np/standard_bid_document |
In a case comparable to the case study assumptions, who is the responsible party for each of the following requirements? Obtaining the required urban permits: Procuring authority (or other Government entity) | No |
Private Partner | Yes |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Obtaining the required environmental permits: Procuring authority (or other Government entity) | No |
Private Partner | Yes |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | Pursuant to Section 10(12) of Investment Board Act, 2068 (2010), if environmental impact study or evaluation is required... More |
Obtaining the required operational permits: Procuring authority (or other Government entity) | No |
Private Partner | Yes |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Obtaining the required land: Procuring authority (or other Government entity) | Yes |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | Article 11.9(1) of PPP Policy: Government of Nepal shall make available the required land to a procuring authority for P... More |
Obtaining the required right of way: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | No regulatory basis |
Question | PPPs |
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Which of the following options best describes the required qualifications of the bid evaluation committee members? (Please select only one): The membership of the bid evaluation committee is specified and/or its members are required to meet detailed quali | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 147 of the PPR provides for composition of the Evaluation committee (1) The formation of the evaluation committ... More |
The bid evaluation committee members require sufficient qualification without specific details. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The bid evaluation committee members are not required to have any specific qualifications. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority issue a public procurement notice of the PPP project? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Pursuant to section 7. (3) of the PPA, a Public Entity shall establish a procurement unit or assign the responsibilities... More |
If yes, is the public procurement notice published online? | Yes |
If yes, please specify the website: | Pursuant to section 14 (2) of the PPA, the notice as referred to in Sub-section (1) shall be placed in the website of th... More |
Are foreign companies prohibited from participating in the bidding process? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 14 (4) of the PPA, in publishing a notice under Sub-section (1), for invitation of national level bi... More |
and the time in calendar days: | 45 |
Open tendering: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Restricted tendering (with pre-qualification stage): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 11.7 of the PPP Policy outlines a step-by-step tender process, which includes optional (a) Request for Expressio... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Section 11.7 (2) of the PPP Policy indicates: RFQ and RFP can be made either in one or two stages depending on the PPP p... More |
Competitive dialogue: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Direct negotiation with more than one candidate: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Direct negotiation with only one candidate: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Other. Specify: | No |
Available | n/a |
Default | n/a |
Relevant legal/regulatory provision (if any) | n/a |
Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 13 (2) of the PPA, the bidding documents under Sub-section (1) shall contain the following matters: ... More |
If no, please elaborate: | n/a |
Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | In the case of a bidder, the qualification criteria set forth in the bidding documents or where prequalification proceed... More |
Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Contributors confirm that prequalification/shortlisting criteria are specified in the tender documents and available to ... More |
If no, please elaborate: | n/a |
Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to section 16. (1) of the PPA, where any bidder, being unclear about any matter set forth in the bidding docum... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 16 of the PPA, the Public Entity shall have to communicate the information of such matter to all bi... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | The procuring authority discloses the answers to the questions to all potential bidders. |
If no, please elaborate: | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 13 of the PPA, Bidding Documents to be Prepared: (1) Prior to invitation to bid, the Public Entity ... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose the content and the results of the pre-bid conference to all bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 13 of the PPA, Bidding Documents to be Prepared: (1) Prior to invitation to bid, the Public Entity ... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | Our contributors confirm that the meeting minutes of a pre-bidding conference are signed by all the bidders who recieved... More |
If no, please elaborate: | n/a |
In a case comparable to the case study assumptions, does the procuring authority require the bidders to prepare and present a financial model with their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
If no, please elaborate: | n/a |
Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 10. 4) of the PPA, bids, pre-qualification proposals and consultancy service proposals shall be eval... More |
Evaluation criteria is not set in the tender documents | No |
In the case where only one proposal is submitted (sole proposals), which of the following options best describes the way the procuring authority deals with them? (Please select only one)?: The procuring authority follows a specific procedure before awardi | No |
Please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority does not award a PPP contract if only one proposal is submitted. | Yes |
Please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
The regulatory framework does not include any provisions. | No |
Does the procuring authority publish the award notice? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Pursuant to section 60. of the PPA, after a procurement contract has been concluded pursuant to this chapter, the Public... More |
If yes, is the public procurement award notice published online? | Yes |
If yes, please specify the website: | https://www.bolpatra.gov.np/ppmo/searchOpportunity |
Does the procuring authority provide all the bidders with the result of the PPP procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 26 (3) and (4) of the PPA, the Public Entity shall have to communicate to all the bidders a notice a... More |
If no, please elaborate: | n/a |
If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to section 26 (3) and (4) of the PPA, the Public Entity shall have to communicate to all the bidders a notice a... More |
Is there a standstill (or pause) period after the contract award and before the signing of the contract in order to allow unsuccessful bidders to challenge the award decision? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and the time in calendar days: | n/a |
Is the standstill period set out in the notice of intention to award? | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework restrict negotiations with the selected bidder between the award and the signature of the PPP contract in order to prevent an unfair disadvantage to the other bidders? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Based on your experience, is it always the case that this restriction is respected in practice? | n/a |
If yes, please specify: | n/a |
If no, please elaborate: | n/a |
Does the procuring authority publish the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | n/a |
Publication of the full PPP contract without including all its annexes and appendixes | n/a |
Publication of a summary of the PPP contract without publishing the full PPP contract | n/a |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | n/a |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | n/a |
If yes, is it published online? | n/a |
If yes, please specify the website: | n/a |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Question | PPPs |
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Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | According to section 111 (1) of the PPR, a public entity shall do the following acts, as required, while implementing a ... More |
If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | Yes |
Relevant legal/regulatory provisions (if any): | According to section 111 (1) of the PPR, a public entity shall do the following acts, as required, while implementing a ... More |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | Yes |
Relevant legal/regulatory provisions (if any): | Section 12.4 of the PPP policy: (1) Every public entity desirous to implement PPP projects shall be considered as Proje... More |
Elaboration of a PPP implementation manual or an equivalent document | Yes |
Relevant legal/regulatory provisions (if any): | According to section 111 (1) of the PPR, a public entity shall do the following acts, as required, while implementing a ... More |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Section 38 (2) of PFBOI Act, 2063 (2006): Formation of Committee: specifies specific government titles of the members f... More |
The PPP contract management team members are required to meet sufficient qualification without specific details. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are not required to meet any specific qualifications. | No |
Please elaborate and provide examples: | n/a |
Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Rule 33 of the PFBOI Rules "Power to examine and inspect project": (1) The Ministry may examine or inspect... More |
If yes, is the PPP contract construction performance information made available to the public? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If yes, is the PPP contract construction performance information made publicly available online? | n/a |
If yes, please specify the website: | n/a |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Section 15 "Monitoring and Evaluation" of the PPP Policy requires (1) a monitoring and evaluation processes to be establ... More |
If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | No |
Relevant legal/regulatory provisions (if any) | n/a |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Section 11.2 of the PPP policy: (i) Government of Nepal, public enterprises, or local bodies while shaping a PPP projec... More |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | No |
Relevant legal/regulatory provisions (if any) | n/a |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | According to section 111 (1) of the PPR, a public entity shall do the following acts, as required, while implementing a ... More |
The PPP contract performance information must be available to the public | No |
Relevant legal/regulatory provisions (if any) | n/a |
Is PPP contract performance information made publicly available online? | No |
If yes, please specify the website: | n/a |
Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate changes in the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
If yes, which of the following circumstances are specifically regulated? (check all that apply): Any change in the private partner during an initial period (e.g. construction and first five years of operation). | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
In other cases, flexibility to change the ownership structure and/or assign the contract. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Section 53. of the PPA, Unless otherwise provide for in procurement contract, a procurement contract may be ... More |
If yes, is an approval from a government authority, other than the procuring authority, required? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Rule 21 (2) of Investment Board Rules, 2069 (2011) provides that the Board must approve modifications to the contract an... More |
If yes to question 46, which of the following circumstances are specifically regulated? (check all that apply): A change in the scope and/or object of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to section 53 of the PPA, unless otherwise provide for in procurement contract, a procurement contract may be ... More |
A change in the risk allocation of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the financial and/or economic balance of the contract. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
A change in the duration of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 56 of the PPA, (1) Provisions concerning the extension of period of procurement contract shall be a... More |
A change in the agreed price or tariff. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Can the procuring authority unilaterally modify a PPP contract? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate the following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Article 11.7(C)(8e) of the PPP Policy, project agreement draft must include methods and processes of resolv... More |
Material Adverse government action . | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Change in the Law. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Article 11.7(C)(8e) of the PPP Policy, project agreement draft must include methods and processes of resolv... More |
Refinancing. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Subcontracting and replacement of the subcontractors. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Section 11.12 of the PPP Policy provides: (...) (2) disputes in interpretation of the project agreement or implementatio... More |
If yes, please specify which of the following options are available (check all that apply): Local administrative review body | No |
If yes, please specify: | n/a |
Local courts | Yes |
Domestic arbitration | Yes |
International arbitration | Yes |
Investor-State Dispute Settlement (ISDS) | Yes |
Mediation | Yes |
Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | According to Section 11.7(C)(8e) of the PPP Policy, project agreement draft must include methods and processes of resolv... More |
If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Section 11.12 of the PPP Policy provides: (...) (2) disputes in interpretation of the project agreement or implementatio... More |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Pursuant to Section 11.12(4) of the PPP Policy, in case the party is foreign investor or company established with foreig... More |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Pursuant to Section 11.12(4) of the PPP Policy, in case the party is foreign investor or company established with foreig... More |
Does the regulatory framework (including standard contractual clauses) allow for the restructuring of a PPP private partner (SPV) in financial difficulty prior to insolvency? | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for the lenders to take control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under threat of termination for failur | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
If yes, which of the following options best describes the lender step-in right? (Please select only one): The regulatory framework expressly regulates the lender step-in rights. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that a direct agreement should be signed with the lenders. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Other. | No |
Please Specify: | n/a |
Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Article 11.7(C)(8e) of the PPP Policy, project agreement draft must include methods and processes of resolv... More |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | According to Section 19 (3) of PFBOI Act, If the license is revoked pursuant to this Section, the licensee shall not be ... More |
Question | PPPs |
---|---|
Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No |
Explicitly allowed by the legal framework? | Yes |
Not regulated by the legal framework, but do happen in practice? | No |
Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | No |
If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | Article 11.8 of the PPP Policy "Unsolicited Proposals" identifies USPs as project proposals not invited by PIA but ident... More |
Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any | Article 11.8 of the PPP Policy "Unsolicited Proposals": (3) In case Project Implementation Agency upon review finds such... More |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describe how the procuring authority ensures that unsolicited proposals are consistent with existing government priorities? (Please select only one): The procuring authority follows a specific procedure to ensure the co | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 11.8 of the PPP Policy "Unsolicited Proposals": (3) In case Project Implementation Agency upon review finds such... More |
The procuring authority does not evaluate unsolicited proposals against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant Article 11.8(7) "Unsolicited Proposals" of the PPP Policy, after suitability appraisal of an unsolicited propos... More |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
and the time in calendar days: | 45 |
Does the procuring authority use any of the following incentive mechanisms to reward/compensate the presentation of unsolicited proposals? (check all that apply): Access to the best and final offer (BAFO) process and/or automatic shortlisting. | Yes |
Developer’s fee (reimbursing the original proponent for the project development cost). | No |
Bid Bonus. | No |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | Yes |
Other. | No |
Please specify: | n/a |
Please provide the relevant legal/regulatory provisions (if any): | Pursuant Article 11.8(7) "Unsolicited Proposals" of the PPP Policy, (a) PIA shall invite proposal after developing stru... More |